IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, XXXXXX COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXX                                             : PETITIONER NO.1

AND

MRS. XXXXX                                             : PETITIONER NO.2

INDEX

S.NO.

PARTICULARS

PAGES

1.

MEMO OF PARTIES.

 

2.

CERTIFICATES

 

3.

FIRST MOTION PETITION UNDER SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT, 1955 (AS AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL CONSENT.

 

 

4.

SUPPORTING AFFIDAVITS OF THE PETITIONERS.

 

5.

ANNEXURE P-1(COLLY): COPY OF MARRIAGE PHOTOGRAPH AND MARRIAGE CARD.

 

6.

ANNEXURE P-2(COLLY): COPIES OF THE I.D. PROOFS OF BOTH THE PETITIONERS.

 

7.

ANNEXURE P-3: COPY OF SETTLEMENT DATED 25.04.2024 BEFORE COUNSELLING CELL, FAMILY COURT, DELHI.

 

8.

AFFIDAVIT – CUM-UNDERTAKINGTO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. RAJAT GUPTA VERSUS RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED 15.05.2018. OF BOTH THE PETITIONERS

 

9.

VAKALATNAMAS.

 

 

 

PETITIONER NO.1                                 PETITIONER NO.2

 

THROUGH

 

ADV. XXXXXXXXXX

Counsel for Petitioner No.1

 

 

Mob: +91-___________

 

 

XXXXX XXXX

Counsel for Petitioner No.2

 

 

Mob. +91-___________

 


IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXX                                             : PETITIONER NO.1

AND

MRS. XXXX                                              : PETITIONER NO.2

 

MEMO OF PARTIES

 

MR. XXXXXXX

S/o Sh. __________

R/o _____________

________________

New Delhi-1100__                                       : PETITIONER NO.1

A N D

MRS.XXXXX,

D/o Sh.__________,

R/o______________,

_________________,

New Delhi-1100__.                                    : PETITIONER NO.2

 

 

 

PETITIONER NO.1                                  PETITIONER NO.2

 

THROUGH

 

 

ADV. XXXXXXXXXX

Counsel for Petitioner No.1

 

 

Mob: +91-___________

 

 

XXXXX XXXX

Counsel for Petitioner No.2

 

 

Mob. +91-___________

 


IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXXXX

S/o Sh. __________

R/o _____________

________________

New Delhi-1100__                                      : PETITIONER NO.1

A N D

MRS.XXXXX,

D/o Sh.__________,

R/o______________,

_________________,

New Delhi-1100__.                                    : PETITIONER NO.2

 

FIRST MOTION PETITION UNDER SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT, 1955 (AS AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL CONSENT.

 

MOST RESPECTFULLY SHEWETH :-

 

1.                 That the marriage between the Petitioners (petitioners herein) in the present petition was solemnized on 04.04.2011 at Arya Samaj Mandir, Delhi in accordance with the Hindu rites and ceremonies. Necessary affidavits to this effect are filed herewith. Copyof marriage photograph is annexed herewith as Annexure P-1.

2.                 That the status, age and place of residence of the Petitioners to present petition before the marriage and at the time of filing the present petition is as under:-

 

AT THE TIME OF MARRAIGE

HUSBAND

WIFE

Status

Age

Place of Residence

Status

Age

Place of Residence

Divorcee

42 Yrs

 

Widow

28 Yrs

 

 

AT THE TIME OF FILING OF THIS PETITION

HUSBAND

WIFE

Status

Age

Place of Residence

Status

Age

Place of Residence

Hindu
Married

53 Yrs

 

Hindu Married

39 Yrs

.

 

3.                 That the Petitioner no.1 and the Petitioner no.2 are Hindu by birth and believe in Hindu mythology. Copies of the I.D. proofs of both the Petitioners are annexed herewith and marked as Annexure P-2 (Colly) for the kind perusal of this Hon'ble Court.

4.                 That after the marriage, both the Petitioner to this petition started living together as a husband and wife, and the Petitioners have resided together till 16.10.2023 with each other, however, no child was born out of the said wedlock.

5.                 That due to the differences in the temperaments and behaviour of Petitioner No. 1 & 2 hereto, they could not live together much longer as husband and wife, and have been living separately from each other since 16.10.2023.

6.                 That all efforts of reconciliation made by family members, relatives & friends of both the Petitioners have failed, and now there is no possibility of their reconciliation in the future. As such the Petitioners have finally decided to obtain divorce with mutual consent.

7.                 That it has been agreed between the Petitioners that they shall separate from each other by obtaining a decree of divorce by mutual consent by filing a joint petition for divorce by mutual consent within the jurisdiction of Delhi.

8.                 That the petitioners have amicably settled all their disputes, differences and claims against each other before Counselling Cell, Family Court, Tis Hazari Delhi and executed a Settlement dated 25.04.2024. That the contents of the said Settlement / Compromise may be read as a part and parcel of this present petition. Copy of Settlement dated _______is annexed and marked herewith as Annexure P-3.

9.                 That Petitioner no.2 has settled all her claims in respect of istridhan, past, present and future maintenance, and permanent alimony. The Petitioner no.2 has agreed that she had already taken all her istridhan including jewelry, clothes and all other belongings/ items with her, and nothing is left with the Petitioner no.1 and after receiving the above alimony, the Petitioner no.2 would refrain from asserting any further claims regarding her istridhan or any other articles from the Petitioner no.1 or his family members. 

10.             It is has been settled between the Petitioners, that Petitioner no.1 will pay an amount of Rs. 2,50,000/- (Rupees Two Lakhs and Fifty Thousand Only) as permanent alimony i.e. a full and final settlement towards all claims against Petitioner no.1 and his family and after receiving the same, Petitioner no.2 shall not have any monetary claims against the Petitioner no.1 and his family members against any movable and immovable assets. That after the execution of the Settlement, both the Petitioners agreed and undertake to perform the following act:

a.      That the Petitioner no.1 shall withdraw, by way of written application or otherwise, the Divorce Petition filed against the Petitioner no.2 which is pending for adjudication before Sh.XXXXXXXXXXXX  Ld. Judge Family Court, Central Distt., Tis Hazari Courts, Delhi after granting first motion divorce petition.

b.     That both the Petitioners undertakes that if any of the parties back out form settlement agreement after the signing of the same penalty of Rs.25,000/- (Rupees Twenty Five Thousand Only) shall be imposed upon the said party payable to the other party;

c.      It is further agreed between the Petitioners that if either of the parties commits breach or defaults of the mutually agreement settlement dated 25.04.2024 after the first motion, if wife back out of the amount taken at the time of first motion shall be return to husband with 2% p.m. interest and if husband backs out the amount given at the time of first motion shall stands forfeited by the wife.

d.     That both Petitioners file the present First Motion Petition under Section 13B(1) on or before 25.10.2024 after signing the Settlement before this Hon’ble Court; A Cash / Draft of Rs.1,25,000/- (Rupees One Lac and Twenty Five Thousand Only) will be handed over to the Petitioner no.2 by the Petitioner no.1 at the time of recording of the statement of both Petitioners on the date of the First Motion.

e.      That Petitioners undertake that the Petitioners file the Second Motion Petition under Section 13B(2) before this Hon’ble Court within 15 days after granting first motion divorce; A Cash / Draft of Rs.1,25,000/- (Rupees One Lac and Twenty Five Thousand Only) will be handed over to the Petitioner no.2 by the Petitioner no.1 at the time of recording of the statement of both Petitioners on the date of the Second Motion. For the purpose of waiver of the statutory period of 6 months as prescribed under the Act as per judgment “Amardeep Singh v. Harveen Kaur [Civil Appeal No. 11158/2017 dated September 12, 2017]”, Petitioners will move a relevant application for the waiver of statutory period of six months. Both the Petitioners undertake to cooperate with each other for its presentation of the aforesaid petition and application and to make statements before the Hon'ble Court for the same.

11.             That the Petitioners shall not withdraw their consent for obtaining the divorce by mutual consent till they obtain the divorce by mutual consent and both the Petitioners have surrendered their rights to withdraw their consent for obtaining the divorce by mutual consent.

12.             That after obtaining divorce by mutual consent, both the Petitioners undertake that they will not interfere in future life of each other and their respective family members, relatives and friends and shall not claim any interest in the moveable and immovable properties, business of both the Petitioners and their family members and both the Petitioners shall not make any kind of correspondence, complaints, etc. including for any family member, relative or friend of either of the Petitioners,  against each other before any other authority and police authority and court of law in India. It is categorically understood that both the Petitioners and their family members shall refrain from contacting or communicating with the other Petitioner, their relatives and friends, including on social media sites.

13.             That it is further agreed between both the Petitioners that they shall be bound to uphold their respective obligations in the Settlement dated 25.04.2024,if any Petitioner resile from the terms mentioned in the Settlement then he/she shall be liable to proceedings under The Contempt of Courts Act, 1971.

14.             That it is agreed that both the Petitioners undertake to remain bound by the terms of Settlement dated 25.04.2024.

15.             That the Petitioners to the present petition have further undertaken that they shall not level any allegations against each other or against the family members of each other or cause to act in a manner so as to harm the reputation and image of the other Petitioner to present petition and their relatives in the society at large.

16.             That there is no legal impediment for which the relief sought for can be denied to the petitioners. It is further submitted no other efficacious remedy is available with the Petitioners for dissolution of the marriage except by way of the present petition.

17.             That the present petition has been filed by both the Petitioners with their consent before Hon'ble Court.

18.             That there is no unreasonable or improper delay in filing this petition.

19.             That there is no impediment in granting the relief as prayed for in the petition.

20.             That no such petition between the Petitioners is pending before any other court of law except the present one.

21.             That Petitioner No.2 is residing at _______________New Delhi-1100__, which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and try this petition.

22.             That the appropriate court fees for the purpose of court fee and jurisdiction has been affixed herein.

 

PRAYER:-

It is, therefore, most respectfully prayed to this Hon'ble Court may kindly grant the First Motion and pass a decree of divorce by mutual consentunder Section 13(B)(1) of the Hindu Marriage Act, 1955 in favour of the Petitioners.

Any other or further order/ relief which this Hon’ble Court deems fit and proper in the facts and circumstances of the case be passed/granted in favor of the petitioners.

 

 

PETITIONER NO.1                                  PETITIONER NO.2

 

THROUGH

 

 

ADV. XXXXXXXXXX

Counsel for Petitioner No.1

 

 

Mob: +91-___________

 

 

XXXXX XXXX

Counsel for Petitioner No.2

 

 

Mob. +91-___________

 

 

 

VERIFICATION:-

We, the above-named Petitioners do hereby on solemn affirmation verify that the contents of the above petition from para no. 1 to ….. are true to my knowledge and those of para no. …..to …. are true on information received and believed to be true, while the last para is a prayer to this Hon’ble court.

Verified at Delhi on this  __ day October, 2024.

 

 

PETITIONER NO.1                                      PETITIONER NO.2


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXXX                                           : PETITIONER NO.1

AND

MRS. XXXXX                                           : PETITIONER NO.2

AFFIDAVIT

Affidavit of Mr.XXXX , aged about 53 years S/o Sh.________, R/o_________________, New Delhi-1100__, do hereby solemnly affirm and declare as under:-

 

1.       That I am the petitioner no.1 in the present petition and as such am well conversant with the facts and circumstances of the case as such competent to swear this affidavit.

2.       That the marriage of the deponent with the Petitioner No.2 solemnized according to Hindu rites & ceremonies on 08.04.2011 at Arya Samaj Mandir, Delhi.

3.       That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner no. 2 are living separately since 16.10.2023. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and the Petitioners have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have failed.

4.       That I undertake to abide by the terms mentioned in the Settlement dated 25.04.2024 before Counselling Cell, Family Court, Delhi in its true letter and spirit.

5.       That there is no unnecessary or improper delay in filing this petition.

6.       That there is no legal impediment in granting the relief as prayed for in the petition.

7.       That the contents of the annexed petition under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

8.       The facts stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

 

DEPONENT

VERIFICATION:-

I, the above-named deponent on solemn affirmation verify that the contents of the above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is false and nothing is concealed therefrom.

Verified at Delhi on ___, October, 2024.

 

 

DEPONENT


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. ASHOK                                             : PETITIONER NO.1

AND

MRS. RENU                                              : PETITIONER NO.2

AFFIDAVIT

Affidavit of Mrs. XXXX, aged about 39 years, D/o Sh._________, R/o.____________, New Delhi-1100___., do hereby solemnly affirm and declare as under:-

 

1.       That I am the Petitioner No. 2 in the abovenamed matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the marriage of the deponent with the Petitioner No.1 solemnized according to Hindu rites & ceremonies on 08.04.2011 at Arya Samaj Mandir, Delhi.

3.       That the deponent is residing separately since 16.10.2023 due to some temperamental differences.

4.       That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner no. 1are living separately from 16.10.2023. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and the Petitioners have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have failed.

4.       That I undertake to abide by the terms mentioned in the Settlement dated 25.04.2024 before Counselling Cell, Family Court, Delhi in its true letter and spirit.

5.       That there is no unnecessary or improper delay in filing this petition.

6.       That there is no legal impediment in granting the relief as prayed for in the petition.

7.       That the contents of the annexed petition under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

8.       The facts stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

 

 

DEPONENT

VERIFICATION:-

I, the above-named deponent on solemn affirmation verify that the contents of the above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is false and nothing is concealed therefrom.

Verified at Delhi on ____, October, 2024.

 

DEPONENT


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. ASHOK                                             : PETITIONER NO.1

AND

MRS. RENU                                              : PETITIONER NO.2

 

AFFIDAVIT-CUM-UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. RAJAT GUPTA VERSUS RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED 15.05.2018.

 

Affidavit of Mr. XXXXX, aged about 53 years S/o Sh._________, R/o_________________, New Delhi-1100__, do hereby solemnly affirm and declare as under:-

 

1.                 That I am the petitioner no.1 (husband) in the present petition and as such am well conversant with the facts and circumstances of the case as such competent to swear this affidavit.

2.                 That the deponent got married to the Petitioner no.2 on 08.04.2011 at Arya Samaj Mandir, Delhi according to Hindu Rites and Customs.

3.                 That after the marriage both the Petitioners to this petition started living together as a husband and wife, and the Petitioners have resided together till 16.10.2023 with each other, however, no child was born out of the said wedlock.

4.                 That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2. I, the deponent, and the Petitioner no. 2 are living separately from 16.10.2023. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and the Petitioners have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have been failed.

5.                 That Petitioner No. 2 and I have already settled all the claims regarding the istridhan/ maintenance/belongings/ articles with each other by way of Settlement Deed dated 25.04.2024 and I shall not file any fresh or separate claim petition or any other complaint or any other proceedings against Petitioner No. 2 qua the matrimonial disputes. The matter has been settled between the Petitioner No. 2 and Petitioner No.1 in accordance with Settlement Deed dated 25.04.2024 and under the following terms:-

                   i.            It has been agreed between the Petitioners that the Petitioners shall not claim towards stridhan, dowry articles, past, present and future alimony and maintenance, etc. from each other except as mentioned in the Settlement dated 25.04.2024. I and my family members shall raise no claim regarding the marriage whatsoever against the Petitioner No. 2 and her family members.

                 ii.            That after obtaining the Divorce by mutual consent from the matrimonial court and after fulfillment of terms of Settlement dated 25.04.2024, I undertake that I shall not file any type of case either matrimonial, civil or criminal regarding Jewelry, dowry, istridhan, maintenance (present, past and future, permanent alimony or any other claim, in court of law/police authorities against the Petitioner No. 2, her family members or other relations in future regarding my matrimonial disputes, either in India or abroad. I also undertake that I shall not have any right, claim/interest in the moveable and immoveable properties i.e. either self-acquired or inherited, of the Petitioner No. 2 or any of her family member and relations, in their respective businesses and service benefits besides an undertaking that no Petitioners shall interfere in the personal as well as professional life of each other.

              iii.            That after granting the decree of divorce by the concerned matrimonial court, both the Petitioners undertake not to file any type of case i.e. civil, criminal or matrimonial, against each other, their parents and relations, in any court of law or authorities or Police Stations in any manner whatsoever except on account of breach of the aforesaid Settlement Deed.

6.                 That it has been assured by both the Petitioners that none of them have and shall raise any claim/s in respect of any movable and/or immovable properties, goods and assets of each other or their respective parents/family members.

7.                 That as the Petitioners hereto do not have any grievance left against each other, therefore, in view of the same, they have further undertaken that they shall not lay any allegations against each other or each other’s parents/relatives or cause to act in a manner so as to harm the reputation and image of the other, in the family or the society at large.

8.                 That the Petitioners to the petition have taken a decision to break their matrimonial ties keeping in view the further welfare and better prospects of themselves.

9.                 That it is agreed between the Petitioners that for breach of undertaking given to the concerned court or willful/deliberate violation of the consent order/decree, the defaulting Petitioner will be liable to be punished for contempt of court.

10.            That the petitioners are fully satisfied with the present arrangement and as such they will not file any claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. against each other or their respective family members.

11.            That if either of the petitioners has filed any complaint which is not in knowledge of either of the petitioners in any court of law, police or any other authority either in New Delhi of any in part of India then it shall deemed to be considered as compromised and withdrawn and shall not have any legal effects.

12.            That in case of any breach/ violation /willful/ deliberate disobedience of the terms of the Settlement dated 25.04.2024, breach, violation of any of the terms of the Settlement dated 25.04.2024, I shall be liable to be punished for contempt of court.

13.            I undertake to abide by the stipulation as contained in the judgment dated 15.05.2018 passed by the Hon’ble High Court of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C) 772/2013.

14.            I say that the above petition is not presented in collusion with petitioner No.2.

15.            I say that the consent for divorce by mutual consent has not been obtained by force, fraud or undue influence.

16.            I say that I have gone through the accompanying petition for dissolution of marriage by decree of divorce by mutual consent under Section 13B (1) of the Hindu marriage Act, 1955 and the contents of the same are correct as per my knowledge and no part of it is false.

17.            I say that the contents of the accompanying petition may be read as part of this affidavit as those are not being repeated herein for the sake of brevity.

18.            That there has not been any unnecessary or improper delay instituting the present petition.

19.            That the Petitioner No.2 (wife) is residing at_____________-, New Delhi-1100__ which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and try this petition.

 

         DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of October, 2024 on solemn affirmation and state that the contents of my above affidavit are true and correct and nothing material has been concealed therefrom.

 

                                                         DEPONENT


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXX                                             : PETITIONER NO.1

AND

MRS. XXXXX                                           : PETITIONER NO.2

 

AFFIDAVIT-CUM UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. RAJAT GUPTA VERSUS RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED 15.05.2018.

 

Affidavit of Mrs. Renu, aged about 39 years, D/o Sh.__________, R/o____________, New Delhi-1100__., do hereby solemnly affirm and declare as under:-

 

1.                 That I am petitioner no.2 (wife)in the present petition and as such am well conversant with the facts and circumstances of the case as such competent to swear this affidavit.

2.                 That the deponent got married to the Petitioner no. 1 on 08.04.2011 at Arya Samaj Mandir, Delhi according to Hindu Rites and Customs.

3.                 That after the marriage both the Petitioners to this petition started living together as a husband and wife, and the Petitioners have resided together till 16.10.2023 with each other, however, no child was born out of the said wedlock.

4.                 That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner no. 1 are living separately from 16.10.2023. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and the Petitioners have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have been failed.

5.                 That Petitioner No. 1 and I have already settled all the claims regarding the istridhan/ maintenance /belongings/ articles with each other by way of Settlement Deed dated 25.04.2024 and I shall not file any fresh or separate claim petition or any other complaint or any other proceedings against Petitioner No. 2 qua the matrimonial disputes. The matter has been settled between the Petitioner No. 2 and me in accordance with Settlement dated 25.04.2024and under the following terms:-

                   i.            It has been agreed between the Petitioners that the Petitioners shall not claim towards istridhan, dowry articles, past, present and future alimony and maintenance, etc. from each other except as mentioned in the Settlement dated 25.04.2024. I and my family members shall raise no claim regarding the marriage whatsoever against the Petitioner No. 1 and his family members.

                 ii.            That after obtaining the Divorce by mutual consent from the matrimonial court and after fulfillment of terms of Settlement dated 25.04.2024, I undertake that I shall not file any type of case either matrimonial, civil or criminal regarding Jewelry, dowry, istridhan, maintenance (present, past and future, permanent alimony or any other claim, in court of law/police authorities against the Petitioner No. 1, his family members or other relations in future regarding my matrimonial disputes, either in India or abroad. I also undertake that I shall not have any right, claim/interest in the moveable and immoveable properties i.e. either self-acquired or inherited, of the Petitioner No. 1 or any of his family members and relations, in their respective businesses and service benefits. Besides an undertaking that no Petitioners shall interfere in the personal as well as professional life of each other.

              iii.            That after granting the decree of divorce by the concerned matrimonial court, both the Petitioners undertake not to file any type of case i.e. civil, criminal or matrimonial, against each other, their parents and relations, in any court of law or authorities or Police Stations in any manner whatsoever except on account of breach of the aforesaid Settlement Deed.

6.                 That it has been assured by both the Petitioners that none of them have and shall raise any claim/s in respect of any movable and/or immovable properties, goods and assets of each other or their respective parents/family members.

7.                 That as the Petitioners hereto do not have any grievance left against each other, therefore, in view of the same, they have further undertaken that they shall not lay any allegations against each other or each other’s parents/relatives or cause to act in a manner so as to harm the reputation and image of the other, in the family or the society at large.

8.                 That the Petitioners to the petition have taken a decision to break their matrimonial ties keeping in view the further welfare and better prospects of themselves.

9.                 That it is agreed between the Petitioners that for breach of undertaking given to the concerned court or willful/deliberate violation of the consent order/decree, the defaulting Petitioner will be liable to be punished for contempt of court.

10.             That the petitioners are fully satisfied with the present arrangement and as such they will not file any claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. against each other or their respective family members.

11.             That if either of the petitioners has filed any complaint which is not in knowledge of either of the petitioners in any court of law, police or any other authority either in New Delhi of any in part of India then it shall deemed to be considered as compromised and withdrawn and shall not have any legal effects.

12.             That in case of any breach / violation / willful / deliberate disobedience of the terms of the Settlement dated 25.04.2024, breach, violation of any of the terms of the Settlement dated 25.04.2024, I shall be liable to be punished for contempt of court.

13.             I undertake to abide by the stipulation as contained in the judgment dated 15.05.2018 passed by the Hon’ble High Court of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C) 772/2013.

14.             I say that the above petition is not presented in collusion with Petitioner No.1.

15.             I say that the consent for divorce by mutual consent has not been obtained by force, fraud or undue influence.

16.             I say that I have gone through the accompanying petition for dissolution of marriage by decree of divorce by mutual consent under Section 13B (1) of the Hindu marriage Act, 1955 and the contents of the same are correct as per my knowledge and no part of it is false.

17.             I say that the contents of the accompanying petition may be read as part of this affidavit as those are not being repeated herein for the sake of brevity.

18.             That there has not been any unnecessary or improper delay instituting the present petition.

19.             That I am residing at_________________, New Delhi-1100_ which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and try this petition.

 

 

 DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of October, 2024 on solemn affirmation and state that the contents of my above affidavit are true and correct and nothing material has been concealed therefrom.

 

DEPONENT


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXX                                                 : PETITIONER NO.1

AND

MRS. XXXX                                              : PETITIONER NO.2

 

CERTIFICATE

 

I, XXXXXXX, Advocate Enrolment No.D/XX/XXXX, do hereby certify that I have personally verified the copies of the documents of the Petitioner no.1 enclosed with the petition with the originals and that the same are true copies of their respective originals. I also undertake to submit the duly signed and attested petition in the Court and to make up the deficiency if any, in the court fee within the stipulated time frame. 

 

 XXXXXXXXX

ADVOCATE

__________________,

New Delhi-1100__.

Mob: +91-__________

 


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXX                                             : PETITIONER NO.1

AND

MRS. XXXX                                              : PETITIONER NO.2

 

CERTIFICATE

 

I, ______________, Advocate Enrolment No.D-XX/XXXX, do hereby certify that I have personally verified the copies of the documents of the Petitioner no.2 enclosed with the petition with the originals and that the same are true copies of their respective originals. I also undertake to submit the duly signed and attested petition in the Court and to make up the deficiency if any, in the court fee within the stipulated time frame. 

 

XXXXXXXXXX

ADVOCATE

 

 


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXXX                                           : PETITIONER NO.1

AND

MRS. XXXXX                                           : PETITIONER NO.2

 

CERTIFICATE

 

I, Ashok, the Petitioner no.1, do hereby certify that the documents annexed to the petition are true copies of their respective originals. The documents so annexed are selfattested and if the same are found to be false and fabricated, I shall make myself liable for civil and criminal legal action. I undertake to submit the duly signed and attested petition, in original in the Court and to make up the deficiency if any, in the Court fee within the stipulated time frame. 

 

XXXXX,

S/o_____________,

R/o_________________,

 New Delhi-1100__.


 

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

 

H.M.A. PETITION NO.________ OF 2024.

 

IN THE MATTER OF: -

MR. XXXXX                                             : PETITIONER NO.1

AND

MRS. XXXX                                              : PETITIONER NO.2

 

CERTIFICATE

 

I, XXXX, the Petitioner no.2, do hereby certify that the documents annexed to the petition are true copies of their respective originals. The documents so annexed are selfattested and if the same are found to be false and fabricated, I shall make myself liable for civil and criminal legal action. I undertake to submit the duly signed and attested petition, in original in the Court and to make up the deficiency if any, in the Court fee within the stipulated time frame. 

 

XXXX

D/o Sh. ___________

R/o________________,

, New Delhi-1100__.

 

 

 

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